DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 04/28/2026 has been entered.
Response to Amendment
In response to the amendment received on 04/28/2026:
claims 1-14 and 16-20 are currently pending; and
all prior art grounds of rejection are withdrawn in light of Applicant’s persuasive argument that Herfort employs naturally occurring clay materials as raw materials for the supplementary cementitious materials… however, such naturally occurring clay materials are usually milled before usage or at least have a broad particle size distribution and inter alia comprise a relatively high content of particles with a particle of smaller than 0.1 mm… this relatively small particle size is accompanied with a huge surface area… the combination of Hertfort and Fuchs is hindsight (see Applicant’s arguments at page 8 paragraph 1 to page 9 paragraph 1).
Claim Objections
Claims 1-14 and 16-20 are objected to because of the following informalities:
claim 1 line 19 reciting “wherein the color of the cement in the range of…” appears to have a typographical error and should be “wherein the color of the cement is in the range of…”, and
claim 14 line 16 reciting “wherein the color of the cement in the range of…” appears to have a typographical error and should be “wherein the color of the cement is in the range of…”.
Appropriate correction is required.
Claims 2-13 and 16-20 are objected to due to their dependency on claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 and 16-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 lines 14-15 reciting “milled cement clinker and a supplementary cementitious material” is indefinite because it is not clear if the claimed “milled cement clinker and a supplementary cementitious material” in lines 14-15 is the same or different from the claimed “milled cement clinker” and “supplementary cementitious material” in lines 1-3 and 5.
Examiner will treat the claimed “milled cement clinker and a supplementary cementitious material” in lines 14-15 as the same “milled cement clinker” and “supplementary cementitious material” in lines 1-3 and 5.
Claims 2-13 and 16-20 are rejected due to their dependency on claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-9, 11, 14, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Bullerjahn et al. (US 2019/0144339 A1) (“Bullerjahn” hereinafter) in view of Fuchs et al. (DE 10 2010 061 456 A1) (“Fuchs” hereinafter), as evidenced by RabidTables (Grey Color Code, 2018) (“RabidTables” hereinafter) with respect to claims 1 and 14.
Regarding claim 1, Bullerjahn teaches a method for producing a cement comprising a milled cement clinker and a supplementary cementitious material (see Bullerjahn at [0027] teaching a method of producing a supplementary cementitious material, which contains an aluminium silicate constituent and a dolomite constituent… a binder that contains cement and the supplementary cementitious material), wherein the method comprises the steps of:
producing the milled cement clinker by a clinkerization process, comprising the steps of calcining and subsequently milling a limestone-based raw material (see Bullerjahn at [0027]-[0028] teaching… contains… dolomite constituent, is provided and burned in the temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground, see Bullerjahn at [0040] teaching dolomite constituent means a material that contains calcium magnesium carbonate… particular preference is given to the carbonate minerals dolomite and dolomitic limestone, see Bullerjahn at [0045] teaching during calcination under reducing conditions, dolomite and similarly composed materials are decomposed at lower temperatures then, e.g., limestone and thereby reactive silicates and aluminates can be made from silicon as well as aluminium, with either no or fewer inert crystalline phases… forming as a result). Dolomite and dolomitic limestone is taken to meet the claimed “limestone-based raw material”. burned in the temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground is taken to meet the claimed “producing the milled cement clinker by a clinkerization process, comprising the steps of calcining and subsequently milling a limestone-based raw material”;
producing the supplementary cementitious material by calcining a raw material of the supplementary cementitious material at a distinct calcining temperature of less than 980°C and subsequently milling the calcined raw material of the supplementary cementitious material (see Bullerjahn at [0027]-[0028] teaching… contains… an aluminium silicate constituent, is provided and burned in the temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground, see Bullerjahn at [0031] teaching clinker means a sintering product which is obtained by burning a starting material at elevated temperature and which contains at least one hydraulically reactive phase). Aluminium silicate constituent is taken to meet the claimed “supplementary cementitious material”. The temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground is taken to meet the claimed “the supplementary cementitious material by calcining a raw material of the supplementary cementitious material at a distinct calcining temperature of less than 980°C and subsequently milling the calcined raw material of the supplementary cementitious material” (see MPEP 2144.05(I)); and
blending the milled cement clinker and the supplementary cementitious material (see Bullerjahn at [0028] teaching… aluminium silicate and dolomite… the starting material is either provided naturally or created in a targeted manner by mixing);
wherein the method is a continuous process comprising the step of calcining the raw material of the supplementary cementitious material in a kiln (see Bullerjahn at [0028] teaching… aluminium silicate and dolomite… the starting material is either provided naturally or created in a targeted manner by mixing… burned in the temperature range of >700 to 1100oC, see Bullerjahn at [0048] teaching all standard devices are suitable for burning, examples of which include, but are not limited to, directly or indirectly fired rotary kilns, fluidized-bed reactors, shaft kilns and multi-deck ovens, and flash calciners). The claimed “continuous process” is being treated as being taught by Bullerjahn based on MPEP stating “the court held the claimed continuous operation would have been obvious in light of the batch process of the prior art” (see MPEP 2144.04.V.E),
with a separate heating unit and/or combustion unit (this limitation is being treated as being taught by Bullerjahn because there is no evidence indicating that the claimed “kiln with a separate heating unit and/or combustion unit” are critical, absent new and unexpected results. Additionally, it is within the ability of one skilled in the art, with the benefit of the teachings of Bullerjahn to choose an appropriate kiln because Bullerjahn teaches all standard devices are suitable for burning, and
wherein the cement comprises the milled cement clinker and the supplementary cementitious material (see Bullerjahn at [0027] teaching a method of producing a supplementary cementitious material, which contains an aluminium silicate constituent and a dolomite constituent),
wherein the supplementary cementitious material comprises an amorphous constituent of more than 30 wt% as measured by XRD (see Bullerjahn at [0042]-[0043] teaching aluminium silicate refers to minerals and synthetic materials that contain Al2O3 and SiO2… the aluminium silicate constituent typically contains representatives of various minerals such as, but not limited to, ones from the group consisting of… clays… particular preference is given to clay and clay-containing materials as aluminium silicate constituents, see Bullerjahn at [0083] teaching clay 1 contained kaolinite and quartz as main phases, goethite and montmorillonite as minor phases…a majority of the sample was in the form of an x-ray amorphous fraction). The majority in the form of an x-ray amorphous fraction is taken to meet the claimed “an amorphous constituent of more than 30 wt%”,
wherein the supplementary cementitious material comprises less than 70 wt% of inert components selected from the group consisting of mullite, spinel, feldspar, diopside, mica, or combinations thereof (see Bullerjahn at [0083] teaching clay 1 contained kaolinite and quartz as main phases, goethite and montmorillonite as minor phases, as well as traces of illite and opal). Bullerjahn does not teach the claimed “mullite, spinel, feldspar, diopside, mica, or combinations thereof” in the main, minor and trace phases in the clay, which is taken to mean 0 wt%, thus meeting the claimed “supplementary cementitious material comprises less than 70 wt% of inert components selected from the group consisting of mullite, spinel, feldspar, diopside, mica, or combinations thereof” (see MPEP 2144.05(I)), and
wherein the color of the cement in the range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255 (see Bullerjahn at [0057] teaching the material according to the disclosure has an essentially grey colouration, i.e., is neither strongly red nor strongly blue coloured, is a major advantage… the experimentally determined colour values according to the CIE Lab System are generally L from 30 to 80, a from 0 to 10, and b from 0 to 30). Grey color is taken to meet the claimed wherein the color of the cement in the range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255, as evidenced by RabidTables (see RabidTables at page 1, evidencing grey RGB color code, shown table, ranging from rgb (105, 105, 105) to rgb (220, 220, 220)).
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Grey RGB color code, ranging from rgb (105, 105, 105) to rgb (220, 220, 220) overlaps with the claimed range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255.
Bullerjahn does not explicitly teach the claimed “wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm”. However, Bullerjahn teaches as a rule, clay and clay-containing materials are fine particles to ultra-fine particles materials with particle sizes of below 4 µm… however, this is not mandatory in the context of the disclosure, chemically and mineralogically equivalent materials with larger particle sizes can also be used (see Bullerjahn at [0043]).
Like Bullerjahn, Fuchs teaches a method of producing a cement comprising calcined clay (see Fuchs at [0019] teaching a fine-grained clay material in two variants is obtained by an advantageous, synergistic combination of the physical and thermal treatment of a raw clay material (or: clay-containing raw material), which, when added to a… cement… brings about a surprising improvement in the properties with regard to the compressive strength of the set building material, in particular concrete, mortar or sand-lime brick, as well as with regard to the workability, in particular the cohesion, of the not yet set building material mixture, in particular the fresh concrete or wet mortar). Fuchs also teaches (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C (see Fuchs at [0020]), which overlaps with the calcination temperature range of >700 to 1100oC (see Bullerjahn at [0028]).
Fuchs further teaches to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm… and/or that at least 90%... of the particles have a particle size of at least 1 mm (see Fuchs at [0020]). Raw clay material with a particle size of 1 mm to 100 mm meets the claimed “wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm” (see MPEP 2144.05(I)).
Furthermore, Fuchs teaches this variant (referring to the first variant) is based, among other things, on the idea of firing a raw clay material that has only been coarsely crushed in a special way according to process step (i) at relatively low temperatures according to process step (ii)… during firing, reactive phases are formed in the relatively large clay particles due to the selected firing temperatures between 650°C and 950°C and due to the temperature gradients in the particles, and reactive phases already contained remain at least partially intact… this results in a reactive fine-grained mixture of materials during the subsequent fine comminution according to process step (iii) which has improved binding properties, which in particular lead to higher compressive strength… the physical coarse structure of the raw clay material to be fired in synergy with the specially selected firing temperatures produces the advantages mentioned (see Fuchs at [0021]).
As such, one of ordinary skill in the art would appreciate that Fuchs teaches that raw clay material with a particle size of 1 mm to 100 mm, calcined at temperatures between 650°C and 950°C results in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength, and seek those advantages by coarsely crushing with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Bullerjahn before calcination.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to coarsely crush with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Bullerjahn before calcination so as to result in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength.
Regarding claim 2, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Bullerjahn further teaches wherein the milling of the calcined raw material of the supplementary cementitious material and the milling of the cement clinker are… conducted together… subsequent to mixing the components (see Bullerjahn at [0028] teaching the starting material is either provided naturally or created in a targeted manner by mixing and if applicable combined grinding, burned… and if applicable ground).
Regarding claim 4, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Bullerjahn further teaches wherein the calcining of the raw material of the supplementary cementitious material is conducted at temperature selected from the group consisting of… 500 to 980oC (see Bullerjahn at [0028] teaching… aluminium silicate and dolomite… the starting material is either provided naturally or created in a targeted manner by mixing… burned in the temperature range of >700 to 1100oC) (see MPEP 2144.05(I)).
Regarding claim 5, Bullerjahn in view of Fuchs and Gasafi teaches the limitations as applied to claim 1 above, and Fuchs further teaches wherein the raw material of the supplementary cementitious material has an average particle size selected from the group consisting of… 5 to 250 mm (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm… and/or that at least 90%... of the particles have a particle size of at least 1 mm (see MPEP 2144.05(I))).
Regarding claim 6, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Bullerjahn further teaches wherein the content of the supplementary cementitious material in the cement is selected from the group consisting of… 1 to 50 wt% based on the overall weight of the cement (see Bullerjahn at [0084] teaching 66% dolomite-34% clay mixture). 34% clay is taken to meet the claimed 1 to 50 wt%.
Regarding claim 7, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Fuchs further teaches wherein a calcining retention time of the raw material of the supplementary cementitious material at the calcining temperature is selected, depending on the particle size of the raw material of the supplementary cementitious material (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the disclosure is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm and… at least 90%... of the particles have a particle size of at least 1 mm… (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C, see Fuchs at [0022] teaching to produce a second variant of the clay material, the method according to the disclosure is as follows: (i) firing a raw clay material at firing temperatures in a temperature range of 1000°C to 1300°C, see Fuchs at [0023] teaching here, the raw clay material is fired at higher firing temperatures according to process step (i), whereby the physical preparation of the raw clay material before firing is not so important, so a wide variety of grain sizes is possible), which is taken to meet the claimed limitations because one of ordinary skill in the art would appreciate that there are two variants of clay with two different particle sizes and are calcined at two different calcining temperatures.
Regarding claim 8, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Fuchs further teaches wherein the method further comprises a step of crushing the raw material of the supplementary cementitious material prior to calcining (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material… (ii) firing the coarsely crushed raw clay material).
Regarding claim 9, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Fuchs further teaches wherein the method further comprises a step of screening the raw material of the supplementary cementitious material prior to calcining, wherein the raw material of the supplementary cementitious material is separated in at least two fractions, which differ in their average particle sizes, wherein one of the fractions is used for calcining (see Fuchs at [0020] teaching to produce a first variant of the fine-grained clay material, the method according to the disclosure is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm and… at least 90%... of the particles have a particle size of at least 1 mm… (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C, see Fuchs at [0022] teaching to produce a second variant of the clay material, the method according to the disclosure is as follows: (i) firing a raw clay material at firing temperatures in a temperature range of 1000°C to 1300°C, see Fuchs at [0023] teaching here, the raw clay material is fired at higher firing temperatures according to process step (i), whereby the physical preparation of the raw clay material before firing is not so important, so a wide variety of grain sizes is possible), which is taken to meet the claimed limitations because one of ordinary skill in the art would appreciate that there are two variants/fractions of clay screened for clay composition with different sizes. Both fractions are calcined, which meets the claimed wherein one of the fractions is used for calcining.
Regarding claims 11 and 18, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Bullerjahn further teaches wherein the kiln is a… rotary kiln (claim 11), and wherein the combustion unit comprises a device selected from the group consisting of… a rotary kiln (claim 18) (see Bullerjahn at [0048] teaching all standard devices are suitable for burning, examples of which include, but are not limited to, directly or indirectly… fired rotary kilns).
Regarding claim 13, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, and Bullerjahn further teaches wherein the method further comprises a step of cooling the supplementary cementitious material after calcining (see Bullerjahn at [0028] teaching the starting material… burned… cooled).
Regarding claim 14, Bullerjahn teaches a method for producing a cement comprising a milled cement clinker and a supplementary cementitious material (see Bullerjahn at [0027] teaching a method of producing a supplementary cementitious material, which contains an aluminium silicate constituent and a dolomite constituent… a binder that contains cement and the supplementary cementitious material), wherein the method comprises the steps of:
producing the milled cement clinker by a clinkerization process, comprising the steps of calcining and subsequently milling a limestone-based raw material (see Bullerjahn at [0027]-[0028] teaching… contains… dolomite constituent, is provided and burned in the temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground, see Bullerjahn at [0040] teaching dolomite constituent means a material that contains calcium magnesium carbonate… particular preference is given to the carbonate minerals dolomite and dolomitic limestone, see Bullerjahn at [0045] teaching during calcination under reducing conditions, dolomite and similarly composed materials are decomposed at lower temperatures then, e.g., limestone and thereby reactive silicates and aluminates can be made from silicon as well as aluminium, with either no or fewer inert crystalline phases… forming as a result). Dolomite and dolomitic limestone is taken to meet the claimed “limestone-based raw material”. burned in the temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground is taken to meet the claimed “producing the milled cement clinker by a clinkerization process, comprising the steps of calcining and subsequently milling a limestone-based raw material”;
producing the supplementary cementitious material by calcining a raw material of the supplementary cementitious material at a distinct calcining temperature of less than 980°C and subsequently milling the calcined raw material of the supplementary cementitious material (see Bullerjahn at [0027]-[0028] teaching… contains… an aluminium silicate constituent, is provided and burned in the temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground, see Bullerjahn at [0031] teaching clinker means a sintering product which is obtained by burning a starting material at elevated temperature and which contains at least one hydraulically reactive phase). Aluminium silicate constituent is taken to meet the claimed “supplementary cementitious material”. The temperature range of >700oC to 1100oC max under reducing conditions… if applicable ground is taken to meet the claimed “the supplementary cementitious material by calcining a raw material of the supplementary cementitious material at a distinct calcining temperature of less than 980°C and subsequently milling the calcined raw material of the supplementary cementitious material” (see MPEP 2144.05(I)); and
blending the milled cement clinker and the supplementary cementitious material (see Bullerjahn at [0028] teaching… aluminium silicate and dolomite… the starting material is either provided naturally or created in a targeted manner by mixing);
wherein the method is a continuous process comprising the step of calcining the raw material of the supplementary cementitious material in a kiln (see Bullerjahn at [0028] teaching… aluminium silicate and dolomite… the starting material is either provided naturally or created in a targeted manner by mixing… burned in the temperature range of >700 to 1100oC, see Bullerjahn at [0048] teaching all standard devices are suitable for burning, examples of which include, but are not limited to, directly or indirectly fired rotary kilns, fluidized-bed reactors, shaft kilns and multi-deck ovens, and flash calciners). The claimed “continuous process” is being treated as being taught by Bullerjahn based on MPEP stating “the court held the claimed continuous operation would have been obvious in light of the batch process of the prior art” (see MPEP 2144.04.V.E),
with a separate heating unit and/or combustion unit (this limitation is being treated as being taught by Bullerjahn because there is no evidence indicating that the claimed “kiln with a separate heating unit and/or combustion unit” are critical, absent new and unexpected results. Additionally, it is within the ability of one skilled in the art, with the benefit of the teachings of Bullerjahn to choose an appropriate kiln because Bullerjahn teaches all standard devices are suitable for burning, and
wherein the cement comprises the milled cement clinker and the supplementary cementitious material (see Bullerjahn at [0027] teaching a method of producing a supplementary cementitious material, which contains an aluminium silicate constituent and a dolomite constituent),
wherein the supplementary cementitious material comprises an amorphous constituent of more than 30 wt% as measured by XRD (see Bullerjahn at [0042]-[0043] teaching aluminium silicate refers to minerals and synthetic materials that contain Al2O3 and SiO2… the aluminium silicate constituent typically contains representatives of various minerals such as, but not limited to, ones from the group consisting of… clays… particular preference is given to clay and clay-containing materials as aluminium silicate constituents, see Bullerjahn at [0083] teaching clay 1 contained kaolinite and quartz as main phases, goethite and montmorillonite as minor phases…a majority of the sample was in the form of an x-ray amorphous fraction),
wherein the supplementary cementitious material comprises less than 70 wt% of inert components selected from the group consisting of mullite, spinel, feldspar, diopside, mica, or combinations thereof (see Bullerjahn at [0083] teaching clay 1 contained kaolinite and quartz as main phases, goethite and montmorillonite as minor phases, as well as traces of illite and opal). Bullerjahn does teach the claimed “mullite, spinel, feldspar, diopside, mica, or combinations thereof” in the main, minor and trace phases in the clay, which is taken to mean 0 wt%, thus meeting the claimed “supplementary cementitious material comprises less than 70 wt% of inert components selected from the group consisting of mullite, spinel, feldspar, diopside, mica, or combinations thereof” (see MPEP 2144.05(I)), and
wherein the color of the cement in the range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255 (see Bullerjahn at [0057] teaching the material according to the disclosure has an essentially grey colouration, i.e., is neither strongly red nor strongly blue coloured, is a major advantage… the experimentally determined colour values according to the CIE Lab System are generally L from 30 to 80, a from 0 to 10, and b from 0 to 30). Grey color is taken to meet the claimed wherein the color of the cement in the range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255, as evidenced by RabidTables (see RabidTables at page 1, evidencing grey RGB color code, shown table, ranging from rgb (105, 105, 105) to rgb (220, 220, 220)).
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Grey RGB color code, ranging from rgb (105, 105, 105) to rgb (220, 220, 220) overlaps with the claimed range of 130-160, 130-160, 120-160, wherein the measurement of the cement color is conducted by a RGB2 colorimeter, wherein the colors are referenced to a RGB scale of 0 to 255.
Bullerjahn does not explicitly teach the claimed “wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm, wherein at least 5 wt% of the particles have a particle size of above 4.75 mm”. However, Bullerjahn teaches as a rule, clay and clay-containing materials are fine particles to ultra-fine particles materials with particle sizes of below 4 µm… however, this is not mandatory in the context of the disclosure, chemically and mineralogically equivalent materials with larger particle sizes can also be used (see Bullerjahn at [0043]).
Like Bullerjahn, Fuchs teaches a method of producing a cement comprising calcined clay (see Fuchs at [0019] teaching a fine-grained clay material in two variants is obtained by an advantageous, synergistic combination of the physical and thermal treatment of a raw clay material (or: clay-containing raw material), which, when added to a… cement… brings about a surprising improvement in the properties with regard to the compressive strength of the set building material, in particular concrete, mortar or sand-lime brick, as well as with regard to the workability, in particular the cohesion, of the not yet set building material mixture, in particular the fresh concrete or wet mortar). Fuchs also teaches (ii) firing the coarsely crushed raw clay material at firing temperatures in a temperature range of 650°C to 950°C (see Fuchs at [0020]), which overlaps with the calcination temperature range of >700 to 1100oC (see Bullerjahn at [0028]).
Fuchs further teaches to produce a first variant of the fine-grained clay material, the method according to the invention is as follows: (i) coarse crushing, in particular breaking, of a raw clay material such that at least 90%... of the particles have a particle size of at most 100 mm… and/or that at least 90%... of the particles have a particle size of at least 1 mm (see Fuchs at [0020]). Raw clay material with a particle size of 1 mm to 100 mm meets the claimed “wherein the raw material of the supplementary cementitious material has an average particle size of 1 to 300 mm, wherein at least 5 wt% of the particles have a particle size of above 4.75 mm” (see MPEP 2144.05(I)).
Furthermore, Fuchs teaches this variant (referring to the first variant) is based, among other things, on the idea of firing a raw clay material that has only been coarsely crushed in a special way according to process step (i) at relatively low temperatures according to process step (ii)… during firing, reactive phases are formed in the relatively large clay particles due to the selected firing temperatures between 650°C and 950°C and due to the temperature gradients in the particles, and reactive phases already contained remain at least partially intact… this results in a reactive fine-grained mixture of materials during the subsequent fine comminution according to process step (iii) which has improved binding properties, which in particular lead to higher compressive strength… the physical coarse structure of the raw clay material to be fired in synergy with the specially selected firing temperatures produces the advantages mentioned (see Fuchs at [0021]).
As such, one of ordinary skill in the art would appreciate that Fuchs teaches that raw clay material with a particle size of 1 mm to 100 mm, calcined at temperatures between 650°C and 950°C results in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength, and seek those advantages by coarsely crushing with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Bullerjahn before calcination.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to coarsely crush with a particle size of 1 mm to 100 mm as taught by Fuchs the raw clay material in the supplementary cementitious material comprising a clay material as taught by Bullerjahn before calcination so as to result in a reactive fine-grained mixture of materials during the subsequent fine comminution which has improved binding properties leading to higher compressive strength.
Regarding claim 16, Bullerjahn in view of Fuchs teach the limitations as applied to claims 1 and 8 above, and Fuchs teaches wherein the step of crushing the raw material of the supplementary cementitious material prior to calcining is performed by a device selected from the group consisting of… a jaw crusher (see Fuchs at [0033] teaching in principle, any known crusher or shredding machine enables such comminution and reduction of particle size… a jaw crusher).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bullerjahn in view of Fuchs as applied to claim 1 above, and further in view of Menshaz et al. (Characterization of metakaolin treated at different calcination temperatures, AIP Conf Prof, 2017) (“Menshaz” hereinafter).
Regarding claim 3, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, but Bullerjahn in view of Fuchs do not explicitly teach wherein the calcining of the raw material of the supplementary cementitious material is conducted by heating the raw material at a heating rate of 200 oC/min or less to a distinct calcining temperature.
As mentioned, Bullerjahn teaches the supplementary cementitious material comprises heat treated clay (see Bullerjahn at [0028] teaching the starting material is… burned in temperature range of >700 to 1100oC, see Bullerjahn at [0042] teaching aluminium silicate refers to minerals and synthetic materials that contain Al2O3 and SiO2… the aluminium silicate constituent typically contains representatives of various minerals such as… ones from the group consisting of… clays).
Like Bullerjahn, Menshaz teaches calcined clay (see Menshaz at Abstract teaching this disclosure presents the characterization of chemical and physical properties of metakaolin obtained via calcination of kaolin at three different temperatures (650oC, 750oC and 850oC)).
Menshaz also teaches the metakaolin was obtained by calcining the pure kaolin at three different temperatures of 650°C, 750°C and 850°C with a heating rate of 10°C /min (see Menshaz at page 2, paragraph 2). Heating rate of 10°C /min overlaps with the claimed wherein the calcining of the raw material of the supplementary cementitious material is conducted by heating the raw material at a heating rate of 200 oC/min or less to a distinct calcining temperature (see MPEP 2144.05(I)).
Moreover, Menshaz teaches it is clear that calcination of the kaolin increased the content of the major oxides contributing towards the pozzolanic property of the metakaolin… in addition, the calcination also raised the glassy or amorphous phase content in the metakaolin… hence, it can be inferred that the calcination or thermal treatment improved the chemical properties of the resulting metakaolin which will enhance its efficiency when used as supplementary cementitious material in concrete (see Menshaz at pages 6-7, section Conclusions).
As such, one of ordinary skill in the art would appreciate that Menshaz teaches that calcination of kaolin/clay with a heating rate of 10oC/min produces amorphous phase content in the metakaolin/calcined clay that enhances its efficiency when used as supplementary cementitious material in concrete, and seek those advantages by calcining kaolin/clay with a heating rate of 10oC/min in the supplementary cementitious material comprising calcined clay as taught by Bullerjahn.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to calcine kaolin/clay with a heating rate of 10oC/min as taught by Menshaz in the supplementary cementitious material comprising calcined clay as taught by Bullerjahn because calcination produces amorphous phase content in the metakaolin/calcined clay that enhances its efficiency when used as supplementary cementitious material in concrete.
Claims 10, 12, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bullerjahn in view of Fuchs as applied to claim 1 above, and further in view of Gasafi et al. (US 2014/0000491 A1) (“Gasafi” hereinafter).
Regarding claim 10, Bullerjahn in view of Fuchs teach the limitations as applied to claim 1 above, but Bullerjahn does not explicitly teach wherein the method further comprises a step of storing and/or preheating the raw material of the supplementary cementitious material prior to calcining.
Like Bullerjahn, Gasafi teaches calcining the clay by thermal treatment in a furnace at a temperature of 600 to 1000o C (see Gasafi at [0013]). A temperature of 600 to 1000o C overlaps with the calcination temperature overlaps with the calcination temperature range of >700 to 1100oC (see Bullerjahn at [0028]). Like Bullerjahn, Gasafi teaches a kiln (see Gasafi at [0026] teaching the calcination in step c) is effected in… a rotary kiln). Gasafi further teaches necessary process heat is provided by the combustion of a fuel, such as natural gas, petroleum or waste fuels… this is effected in an external combustion chamber, wherein the combustion product produced is used for carrying out the thermal treatment in step c) and/or d) (see Gasafi at [0027]).
Gasafi further teaches to make the calcination in step c) more economic, the clay is preheated in one or more preheating stages in accordance with the disclosure prior to the calcination (see Gasafi at [0029]), which is taken to meet the claimed wherein the method further comprises the step of… preheating the raw material of the supplementary cementitious material prior to calcining.
As such, one of ordinary skill in the art would appreciate that Gasafi teaches that clay is preheated prior to the calcination so as to make the calcination in step more economical, and seek those advantages by preheating the supplementary cementitious material comprising clay as taught by Bullerjahn.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to add a preheating step for the clay prior to the calcination as taught by Gasafi in the supplementary cementitious material comprising clay as taught by Bullerjahn so as to make the calcination in step more economical.
Regarding claim 12, Bullerjahn in view of Fuchs teach the limitations as applied to claims 1 and 11 above, and see claim 10 rejection based on Gasafi as it applies here as well. Gasafi further teaches wherein the separate heating unit comprise a device selected from the group consisting of… an electric furnace (see Gasafi at [0026] teaching the calcination in step c) is effected in… a fluidized-bed reactor, see Gasafi at [0152] teaching the reactor comprises a steel tube… the reactor shell contains three independently controlled electric heating systems… electrically heated). The fluidized-bed reactor heated electrically is taken to meet the claimed furnace.
Regarding claim 17, Bullerjahn in view of Fuchs teach the limitations as applied to claims 1 and 9 above, and see claim 10 rejection based on Gasafi as it applies here as well. Gasafi teaches wherein the step of screening is performed by a device selected from the group consisting of a trommel screen, a vibrating screen, an air sieve, or a combination thereof (see Gasafi at [0151] teaching the particle size distribution was determined with a screen tower in conjunction with an air-swept screen), which is taken to meet the claimed “wherein the step of screening is performed by a device selected from the group consisting of… an air sieve”. It is within the ability of one skilled in the art, with the benefit of the teachings of Gasafi to choose an appropriate screening device, absent new and unexpected results, in the method as taught by Bullerjahn.
Regarding claim 19, Bullerjahn in view of Fuchs and Gasafi teach the limitations as applied to claims 1 and 13 above, and Gasafi further teaches wherein the cooling is conducted with gas containing… 0% oxygen (see Gasafi at [0023] teaching the intermediate cooling of the reduction product in step e) is effected under oxygen exclusion). Oxygen exclusion is taken to meet the claimed 0% oxygen.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Bullerjahn in view of Fuchs and Gasafi as applied to claims 1 and 13 above, and further in view of Ballan et al. (US 2012/0145042 A1) (“Ballan” hereinafter).
Regarding claim 20, Bullerjahn in view of Fuchs and Gasafi teach the limitations as applied to claims 1 and 13 above, but Bullerjahn in view of Fuchs and Gasafi do not explicitly teach wherein the cooling is conducted with a cement cooler and/or a rotary heat exchanger to generate a cooler exhaust gas, wherein the cooler exhaust gas is returned up-stream to the process.
However, as mentioned, Gasafi teaches e) intermediate cooling… f) final cooling of the product (see Gasafi at [0015]-[0016]).
Like Gasafi, Ballan teaches cooling the calcined clay (see Ballan at [0006] teaching the disclosure broadly comprises breaking apart a raw clay material… calcining the clay, see Ballan at [0008] teaching the product from the calciner is collected… and the material is fed to a cooler where it is cooled, see Ballan at [0009] teaching the product from the cooler may then be introduced into one or more optional additional coolers, such as cyclone cooling system, for further cooling… the preheated gases from any additional cooler may be optionally directed to the calciner hot tertiary air). Cyclone cooling system is taken to meet the claimed “wherein the cooling is conducted with… a cement cooler”. The teaching- the preheated gases from any additional cooler may be optionally directed to the calciner hot tertiary air- is taken to meet the claimed “wherein the cooler exhaust gas is returned up-stream to the process”.
Ballan also teaches in recent years, a number of processes have gained prominence in the production of artificial pozzolan from the calcining of clay… the manufacture of artificial pozzolan requires lower temperatures and less energy than the production of cement clinker, and is therefore gaining importance among cement manufacturers for its lower cost of production, as well as the positive effects of producing lower emissions (particularly CO2) (see Ballan at [0002]).
It is within the ability of one skilled in the art, with the benefit of the teachings of Ballan to choose the appropriate cooler to generate a cooler exhaust gas, wherein the cooler exhaust gas is returned up-stream to the process, absent new and unexpected results, in the method as taught by Bullerjahn in view of Fuchs and Gasafi because in recent years, a number of processes have gained prominence in the production of artificial pozzolan from the calcining of clay, and the manufacture of artificial pozzolan requires lower temperatures and less energy than the production of cement clinker, and is therefore gaining importance among cement manufacturers for its lower cost of production, as well as the positive effects of producing lower emissions (particularly CO2).
Response to Arguments
Applicant’s arguments, filed 04/28/2026, that Herfort employs naturally occurring clay materials as raw materials for the supplementary cementitious materials… however, such naturally occurring clay materials are usually milled before usage or at least have a broad particle size distribution and inter alia comprise a relatively high content of particles with a particle of smaller than 0.1 mm… this relatively small particle size is accompanied with a huge surface area… the combination of Hertfort and Fuchs is hindsight (see Applicant’s arguments at page 8 paragraph 1 to page 9 paragraph 1) is persuasive because Herfort teaches the clay material in this example is ‘Lillebaelt Clay’, a fine grained Eocene clay deposit from western Denmark (see Herfort at [0079]). It appears that the size of a fine grained ‘Lillebaelt Clay’ Eocene deposit is below the particle size of the first variant of the fine-grained clay material as taught by Fuchs (see Fuchs at [0020]), as evidenced by Nielsen (Lithostratigraphy and sedimentary petrography of the Paleocene and E'ocene, Aarhus Geoscience) (“Nielsen” hereinafter) (see Nielsen at page 16 Fig. 1 evidencing Grain size distribution of the Paleocene and Eocene section in the hare borehole, shown with Examiner annotation below). Since Hertford explicitly teach the fine grained Eocene ‘Lillebaelt Clay’ and did not teach an explicit particle size for the clay, the combination of Herfort and Fuchs is hindsight.
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Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Bullerjahn in view of Fuchs for the respective independent claims 1 and 14.
Conclusion
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/MARITES A GUINO-O UZZLE/Examiner, Art Unit 1731
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